The 21-year-old was arrested for drunk driving and drug possession after a car chase in Santa Monica--just two months after she was involved in a drunken car crash in Los Angeles.
Under California law the two DUI charges in close succession means prosecutors can push for a minimum of four days in jail.
He said on talk show Larry King Live on Tuesday, "Everybody talks about the second DUI and that's the problem.
"The prosecutor, depending on who it is and what they want to do, can allege she's committed a new crime. That's the real problem here. That's where she faces some significant possibility of real jail time, not just the 96 hours that's mandatory minimum for a second offense.
"You've got that original felony and she's out, you know, on her own recognizance and then picks up a second felony, you can put an allegation in there that potentially raises the stakes from just a--what would normally be a county jail case to a state prison case.
"Is a plea bargain in the works? It's not just a possibility, it's an absolute reality. They're not going to fight this. They're going to go in there. They're going to beg. They're going to plead. And they're going to do whatever they think they can to get a deal in this case."
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